Petiton for Sister. Need basic advise

G

gnr5

Registered Users (C)
Hi everyone, here is our situation.

My mom wants to petition our aunt (her sister). My mom is an American citizen. Is the wait time still 7-11 years? My aunt currently holds a tourist visa which she uses every December. I guess my questions are the following:

- How will her tourist visa be affected after my mom petition her?
- What happens if she comes to the US with her tourist visa and waits here?
- Will she be able to get a DL after getting petition?

Any advise you guys can add please let me know. We will of course talk to an attorney.

Thanks!
 
The immigrant petition for alien relative filed by your mom (form I-130) merely places your aunt in the queue of intending immigrants and does not offer any additional benefits. Waiting period is several years depending on the country of aunt's citizenship. Check visa bulletin at http://www.travel.state.gov/pdf/visabulletin/visabulletin_march2013.pdf for latest waiting periods. Your aunt will come under family sponsored category F4.

Once I-130 is filed, your aunt's allowed period of stay in the US on her future trips as a visitor might be limited or she might even be denied entry since she can no longer demonstrate that she doesn't have an intent to immigrate (a primary requirement for visitors to US).

She CANNOT wait out the period in the US, it has to be outside US. Visitors to US cannot get a US driver license in most states. If she is visiting and wants to drive, her international license is good enough.
 
gnr5 said:
My mom wants to petition our aunt (her sister). My mom is an American citizen. Is the wait time still 7-11 years?
Click to expand...
At least 11 years. More for Mexico and the Philippines.

- How will her tourist visa be affected after my mom petition her?
Click to expand...
There is a risk of being refused entry because of the immigrant petition, however if she has a history of visiting the US several times without ever overstaying, that risk is low.

- What happens if she comes to the US with her tourist visa and waits here?
Click to expand...
Sibling petitions don't allow staying in the US during the 11-year waiting period, unless in some other unrelated status (e.g. work visa). If she overstays the tourist visa she would not be eligible to adjust status, and could be banned from the US for years (depending on how long the overstay is).
 
You must log in or register to reply here.
Top